Appeal Unsuccessful (Declassing Upheld)
On 5 December 2024, the Federal Court made findings and determinations under section 33ZB of the Federal Court of Australia Act 1976 (Cth) and ordered that group members be given an opportunity to opt out. Group members will receive an opt out notice over the next few weeks.
We understand this outcome will be disappointing for many affected businesses.
Business Interruption Class Actions
Frequently asked questions
What is the current status of the class actions?
The appeal against the declassing orders was unsuccessful.
The Full Court upheld the decision that the proceedings should no longer continue as class actions. The applicants have decided not to seek special leave to appeal to the High Court.
The Court’s decision relates to whether the claims continue as a class action and does not determine the merits of individual insurance claims.
What does this mean for my claim?
The proceedings will not continue as class actions.
However, the declassing decision does not determine whether your individual insurance claim succeeds or fails. You may wish to seek advice about pursuing an individual claim.
The Court has also made findings and determinations concerning aspects of policy interpretation. Unless you opt out by 28 October 2026, those findings and determinations will bind you.
Is there anything I need to do?
It is important that you read the opt out notice (linked below) carefully as it may affect your legal rights.
You have two options:
- Do nothing. If you do nothing, you will remain a group member and will be bound by the Court’s findings and determinations under section 33ZB of the Federal Court of Australia Act 1976 (Cth).
- Opt out by 28 October 2026. If you validly opt out by that date, you will not be bound by the Court’s findings and determinations.
The findings concern aspects of policy interpretation and do not determine whether any individual policyholder is entitled to cover under their insurance policy.